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Journal of Contemporary Health Law & Policy (1985-2015) Volume 14 Issue 2 Article 12 1998 In God We Trust: Faith Healing Subject to Liability Lauren A. Greenberg Follow this and additional works at: https://scholarship.law.edu/jchlp Recommended Citation Lauren A. Greenberg, In God We Trust: Faith Healing Subject to Liability, 14 J. Contemp. Health L. & Pol'y 451 (1998). Available at: https://scholarship.law.edu/jchlp/vol14/iss2/12 This Comment is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Journal of Contemporary Health Law & Policy (1985-2015) by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. IN GOD WE TRUST: FAITH HEALING SUBJECT TO LIABILITY Since ancient times, mankind has searched for spiritual, or faith, heal- ing as an alternative to conventional methods of medicine.' Alternatives to conventional medicine ("alternative medicine") include a variety of techniques such as acupuncture,2 therapeutic touch,3 herbal medicine,4 and faith healing.5 Such techniques, despite having historic roots and wide acceptance by eighty percent of the world, only recently have gained credibi[ity in the United States.6 Alternative medicine, representing the holistic approach to medicine,7 views health as the interaction between the environment; society; and a human being's body, mind, and spirit.8 Disease is the imbalance of these overlapping forces.9 Various studies in the early 1990s indicate that, in one year, one-third' ° 1. JAMES RANDI, THE FAITH HEALERS 13-14 (1987). 2. Acupuncture is a type of Chinese medicine whereby small needles are inserted into specified points on the body to stimulate the flow of a life energy. George Howe Colt, See Me, Feel Me, Touch Me, Heal Me, LIFE, Sept. 1996, at 39. Caryle Murphy, Acupuncture Boom, WASH. POST, Oct. 8, 1996 (Health), at 10. Acupuncture is defined medically as: a form of therapy, originated by the Chinese, that involves piercing specific pe- ripheral nerves with needles to relieve the discomfort associated with painful dis- orders, to induce surgical anesthesia, and for therapeutic purposes. Recent studies have shown that the procedure may mitigate pain through the release of enkephalin, a naturally occurring endorphin that has potent opiatelike effects. SAUNDERS DICTIONARY & ENCYCLOPEDIA OF LABORATORY MEDICINE AND TECHNOL- OGY 25 (James L. Bennington, M.D., ed., 1984). 3. Therapeutic touch is a form of energy healing where the practitioner does not touch tho patient at all but aids the healing process by changing the direction of air flowing around the patient in the belief that the patient's inner energy extends beyond his physical body to the air surrounding him. Colt, supra note 2, at 35. 4. Id. at 36, 46. 5. RANDI, supra note 1, at 13-14. Alternative medicine includes approximately 200 other techniques aside from acupuncture, therapeutic touch, herbal medicine, and faith healing. Murphy, supra note 2, at 10. Colt, supra note 2, at 47. Michael H. Cohen, A Fixed Star in Health Care Reform: The Emerging Paradigm of Holistic Healing, 27 ARIZ. ST. L.J. 79, 87 (1995). 6. Colt, supra note 2, at 36. This view, that 80% of the world practices alternative medicine, is expressed by Marc Micozzi, a Philadelphia physician. Id. Alissa J. Rubin, Pills & Prayer, WASH. POST, Jan. 11, 1998 (Magazine), at 14. 7. Cohen, supra note 5, at 88. 8. M. 9. Id. 10. Colt, supra note 2, at 39. See also, Dateline: Profile: Hands On (NBC television 452 Journal of Contemporary Health Law and Policy [Vol. 14:451 of Americans used some form of alternative medicine treatment and made 425 million visits to alternative medicine doctors, which exceed the number of visits to conventional medical doctors."1 Americans also spent 12 thirteen to fourteen billion dollars on alternative medicine treatment. People who are coping with chronic or terminal illnesses, 13 who are seek- ing control over their healing,14 or who are desiring emotional healing from their treatment 15 strongly favor alternative medicine over conven- tional medicine. Not all patients are seeking alternative medicine treatment on their own initiative. More than half of the family physicians in the United States regularly prescribe some form of alternative treatment for their patients.' 6 Furthermore, many medical schools are aware of the value and popularity of alternative medicine. About one-third of this country's medical schools, including Harvard, Yale, and Johns Hopkins, offer courses in alternative medicine.' 7 Federal and state legislatures, too, are aware of the increasing accept- ance of alternative medicine. Under the National Institutes of Health Revitalization Act of 1993,18 Congress established the Office of Alterna- tive Medicine ("OAM") within the National Institutes of Health. OAM's purpose is to provide information to the public on alternative medicine treatments, encourage research in this area, and prepare periodic reports on its activities for inclusion in the biennial report of the National Insti- broadcast, June 25, 1996) at 3; cf., All Things Considered: NIH Alternative Medicine Chief Discusses Controversy (National Public Radio radio broadcast, Jan. 31, 1993) at 1, which cites a study that indicates that one-tenth of American adults sought alternative medicine in 1992. 11. Morning Edition: Study Shows Alternative Medicine Use Surprisingly High (Na- tional Public Radio radio broadcast, Jan. 28, 1993) at 2. 12. Id. Colt, supra note 2, at 39. 13. Colt, supra note 2, at 36, 39. 14. Id. at 47. Cohen, supra note 5, at 138. See also, All Things Considered: Physician Is Now Battling Cancer (National Public Radio radio broadcast, Jan. 21, 1995) at 2. See also, Dateline, supra note 10, at 6. 15. Cohen, supra note 5, at 141-43. 16. Colt, supra note 2. 17. Id. Cohen, supra note 5, at 132. Columbia University recently sponsored a confer- ence on herbal medicine where 58 physicians attended and participated in the alternative medicine treatment. Colt, supra note 2. In a short elective course at Wayne State Univer- sity School of Medicine, students learn and apply alternative medicine procedures, such as the practice of chiropractic, yoga, meditation, biofeedback, hypnosis, therapeutic touch, and Buddhist breathing techniques. Id. Rubin, supra note 6, at 14. 18. National Institutes of Health Revitalization Act of 1993, Pub. L. No. 103-43, § 209, 107 Stat. 122, 149 (1993). 19981 In God We Trust: Faith Healing Subject to Liability 453 tutes of Health. 19 Specifically, OAM investigated faith healing as an al- ternative medicine treatment.2z Various state legislatures have enacted Medical Practice Acts, exempting faith healers from state medical licens- ing requirements. 2' As far back as the sixteenth century, various religions advocated faith healing as a means to eradicate illness.22 One such religion, Christian Science, founded by Mary Baker Eddy in the mid-nineteenth century,23 advocates faith healing as the only effective treatment to cure illness. A fundamental tenet of Christian Science is that conventional methods of medicine simply cannot treat the true source of human illness: mental weakness. 24 Consequently, Christian Scientists believe that faith healers, sanctioned by the church, can cure sick people through prayer. 25 How- ever, faith healing sessions are not always successful. When reliance on faith healing turns sour; religious adherents, at times, seek retribution in the judicial system.26 Courts have grappled with the legal issues involved in faith healing for years, specifically the issue of whether faith healers are subject to liability for their services.2 7 Faith healing has given rise to legal issues regarding liability in two distinct categories:28 (1) by a parent who refuses all forms 19. id. 20. 48 Hours: Profile: Leap of Faith (CBS television broadcast, Jan. 12, 1995) at 3. 21. 2)ee ARK. CODE ANN. § 17-95-203 (4) (Michie 1987); DEL. CODE ANN. tit. 24, § 1703 (e)(6) (1997); IDAHO CODE § 54-1804 (1)(f) (1997); 225 ILL. COMP. STAT. ANN. 60/4 (West 1S97); UTAH CODE ANN. § 58-67-305 (4) (1953); W. VA. CODE § 30-3-13 (b)(5) (1966). 22. RANDI, supra note 1, at 17. Rubin, supra note 6, at 14. 23. J)anyll Foix, From Exemptions of Christian Science Sanatoria to Persons Who En- gage in Healing By Spiritual Means: Why Children's Healthcare v. Vladeck Necessitates Amendirg the Social Security Act, 15 LAW & INEQ. 373, 377 (1997). 24. id. 25. hd. at 378. 26. See cases discussed infra Parts I.B., I.C. 27. As early as 1904, the court addressed the issue of whether a Christian Science faith healer could be held liable for alleged negligent treatment of a patient. Spead v. Tomlin- son, 59 A. 376 (N.H. 1904) (upholding jury verdict that faith healer was not negligent in treating iomplainant). See generally C. C. Cawley, Criminal Liability in Faith Healing, 39 MINN. L, REV. 48 (1954). 28. A related category of cases pertaining to religous freedom and medical treatment is the patient who believes in conventional medical treatment but refuses some medical treatment because of religious beliefs. This type of case usually involves a Jehovah's Wit- ness who believes in conventional medicine but not in blood transfusions. See State v. Perricone, 181 A.2d 751 (N.J. 1962). Jehovah's Witnesses do not believe in blood transfu- sions because the Bible states that people must not eat blood since it is the life of people. WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA, How CAN BLOOD SAVE YOUR LjFE? 2, 3-4 (1990). Each individual's blood is sacred and provides the bond be- 454 Journal of Contemporary Health Law and Policy [Vol. 14:451 of conventional medical treatment for his child, instead adhering strictly to faith healing for medical problems;2 9 and (2) by an adult patient who refuses all forms of conventional medical treatment for himself, relying strictly on faith healing to cure illnesses.3° This Comment focuses on lia- bility imposed on Christian Science faith healing in the second category of cases: the adult patient who relies solely on faith healing for medical treatment.
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